Rozaini Mohd Rosli's Blog

Anwar’s Trial postponed to July14

June 5, 2010

Trial postponed as Anwar seeks to have all medical documents

Written by Bernama

Friday, 04 June 2010 15:24

KUALA LUMPUR: The High Court on Friday, June 4 postponed to July 14 the hearing of Datuk Seri Anwar Ibrahim’s sodomy trial after the opposition leader applied to have all medical documents supplied to him, a day after a testifying doctor confirmed penile penetration of Mohd Saiful Bukhari Azlan who has alleged sodomy by Anwar.

The court was scheduled to hear the cross-examination of Kuala Lumpur Hospital (HKL) general surgeon Dr Mohd Razali Ibrahim after the prosecution completed its examination-in-chief of the second witness this morning.

However, Anwar’s lead counsel Karpal Singh informed the packed courtroom that the defence needed various documents and materials for the scrutiny of Australian forensic expert Assoc Prof David Lawrence Noel Wells, who has been engaged as an observer by Anwar’s team, before questioning Dr Mohd Razali.

Among the records Anwar wants are the clinical notes of the three HKL doctors who examined Mohd Saiful on June 28, 2008, two days after the latter alleged he was sodomised by Anwar.

High Court judge Datuk Mohamad Zabidin Mohd Diah then fixed June 18 to hear the application.

On Thursday, Dr Mohd Razali confirmed penile penetration had taken place based on the chemist’s report which indicated the presence of semen on four swabs taken from Mohd Saiful.

Karpal Singh said he filed the notice to get the documents with supporting affidavits from Anwar and Wells.

On Jan 29, the Federal Court, in dismissing Anwar’s application for the prosecution to supply various documents including medical documents and specimen samples, ruled that he could apply for the documents during the course of the trial.

In his application, Anwar asked for all medical clinical notes and reports, materials, specimens, emails, hand-written notes, correspondence, jottings and observations by the three doctors who had examined Mohd Saiful.

Anwar also wants the complete history of the medical examination of Mohd Saiful conducted at the HKL, standard sexual assault proforma and sexual assault kits used by the hospital and the qualifications and experiences of the three doctors.

Wells, in his affidavit, said he was consulted by Anwar to give expert evidence and he had given evidence in all Australian territories on more than 800 occasions.

He said for any meaningful advice to Anwar’s lawyer, it was pertinent and essential to have all documents and materials.

Anwar, 63, who is also Permatang Pauh member of Parliament, is charged with sodomising Mohd Saiful, 25, at Unit 11-5-1 of the Desa Damansara Condominium, Jalan Setiakasih, Bukit Damansara, between 3.01pm and 4.30pm on June 26, 2008.

Earlier, when questioned by lead prosecutor Datuk Mohamed Yusof Zainal Abiden, Dr Mohd Razali, 37, who is attached to the Department of Surgery of HKL, testified that the equipment used to examine Mohd Saiful had been sterilised.

The doctor said the moisture found in Mohd Saiful’s perianal area could be caused by a water-based material and a lubricant gel.

When shown a lubricant gel, Dr Mohd Razali agreed with the prosecution that the gel could be used in a sexual act as well as to examine the anus of the patient.

Asked if Mohd Saiful had told him that somebody had inserted a plastic object in his anus, Dr Mohd Razali replied: “No.” — Bernama